Lakeshore Bank, N.A. v. Twin Lakes Bank

1982 OK 103, 770 P.2d 547, 1982 Okla. LEXIS 303, 1982 WL 3
CourtSupreme Court of Oklahoma
DecidedSeptember 28, 1982
DocketNo. 56695
StatusPublished
Cited by3 cases

This text of 1982 OK 103 (Lakeshore Bank, N.A. v. Twin Lakes Bank) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lakeshore Bank, N.A. v. Twin Lakes Bank, 1982 OK 103, 770 P.2d 547, 1982 Okla. LEXIS 303, 1982 WL 3 (Okla. 1982).

Opinion

DOOLIN, Justice:

This is a long-standing state bank charter case which has its conception in 1970. The major question presented for resolution on the appeal can be succinctly stated: Did the State Banking Board exceed its mandate from this Court when it permitted Twin Lakes Bank (proposed) to amend its application for charter to change its location and trade area?

Our last encounter resulted in a decision found at State of Oklahoma, ex rel. C. W. Smith et al. v. Banking Board, 612 P.2d 257 (Okla.1980). First Hefner Bank (proposed), now Twin Hills Bank (proposed), sought a writ of mandamus to compel the Banking Board to hear evidence of changed conditions and to permit it to amend the proposed location of its bank building. In that decision we said:

“In this instance we believe the Board acted arbitrarily in refusing to hear evidence as to changed conditions in the trade area which might warrant a change of location by Hefner to better serve the public need in the particular trade area.” 612 P.2d at 260.

In that decision we also ordered that a charter for the proposed Rockwell State Bank be withheld pending Hefner’s renewed application. Since then, however, Rockwell applied for a federal bank charter, near the same location Twin Lakes now seeks a state charter to occupy.

In retrospect, the history of this controversy looks like this: In 1970 Wilshire Bank sought a state charter which was denied. While on appeal First Hefner sought a state charter at the same location, which was approved. Wilshire asked this Court to stay First Hefner’s charter until its appeal on certiorari was decided. We granted that request. In the meantime Lakeshore Bank received a federal charter near the Wilshire-Hefner location. In Brown v. Banking Board, 579 P.2d 1267 (Okla.1978) this Court ordered the granting of the Wilshire application and ordered the Banking Board to review the First Hefner application in light of the Wilshire Bank and the Lakeshore Federal Bank within the same trade area. Rockwell State Bank (proposed) applied for a charter at a location one mile from the original First Hefner Location, now the site of the Wilshire Bank. Later, First Hefner requested to amend its charter application to locate near the site of the proposed Rockwell location. The Banking Board denied the requested amendment for change in location, a move we reversed in State v. Banking Board, 612 P.2d 257 on May 27, 1980, when we ordered the Board to consider evidence of a change in location within the same trade area, and ordered a stay in granting the state charter to Rockwell Bank (proposed).

[549]*549Appellants (“Lakeshore Bank”) argue First Hefner (“Twin Lakes Bank”) has submitted an entirely new application. It notes that 6 O.S. 1971, § 305 sets forth ten items to be covered in an application for a new bank charter, and all ten have been changed between the first application of First Hefner and the last application of Twin Lakes.

On both applications, a marketing expert presented exhibits which designated a trade area from which the proposed bank would draw 75% of its customers. When the location of the proposed bank moved one mile to the west, the trade area shifted 2½ miles west, to roughly the same trade area outlined in the previous application for the proposed Rockwell State Bank (before it sought a federal charter.) The marketing expert said had he used the old trade area, with the new location, he could not have adhered to the 75% guideline of the Banking Commission.

The proposed Twin Lakes Bank is located in the extreme eastern portion of the new area, whereas the proposed First Hefner Bank was located in approximately the middle of the old trade area.

Therefore, it is established that the trade area, as well as the proposed location of Twin Lakes Bank, has been changed. The question remains: does such change violate the mandate of this Court of May 27, 1980?

We first note that the new location for Twin Lakes is within the trade area boundaries established for the now abandoned First Hefner Bank between Portland on the east and County Line on the west. The marketing expert testified that in order to submit the new location it was necessary to submit new trade area boundaries as the boundaries change as the location changes. Also, Hefner’s proposed location change was made known to all parties, and to this Court, prior to the petition for cer-tiorari which resulted in this Court’s order of May 27, 1980. In fact, in that order we said that to restrict Hefner to the same MacArthur Street location would preclude the need for a third bank in that general vicinity.

We find Twin Lakes did not violate the mandate of this Court and therefore dismiss this proposition of error.

Lakeshore next argues that the Board’s finding that the trade area could support two banks is against the evidence. This argument takes into consideration the Federal Banking Charter of Rockwell Bank (pending at the time of the hearing.)

Testimony from the Twin Lakes marketing expert said that while he questioned the need for two new banks at the Rockwell and Northwest Highway location, “I think it could very handily support two banks.” When asked by the Banking Commissioner to reconcile those two statements, he said the potential for deposits in that neighborhood is “so high,” and the area is growing very rapidly. He added that the only people included in the new trade area, who were not included in the old trade area, are located west of County Line Road, and their percentage of the total is “minimal.”

In view of the evidence presented on the issue of “need,” we find the Banking Board’s decision was in fact based on sufficient evidence, keeping in mind that the federal charter application of Rockwell Bank had not even been approved, much less a bank in existence at that location, when the Banking Board made its decision.

In its third proposition of error, Lakeshore argues the Board’s finding that the public need and advantage would be promoted by the establishment of Twin Lakes at the new location was not supported by the evidence.

The requirement that the public need and advantage be established is found at 6 O.S. 1981, § 306 F(l). However, its argument is based on the establishment of the Rockwell Federal Bank, which had not been approved at the time of the Board’s hearing. Even had it been at reality at the time, there was testimony, as outlined in the previous proposition, that the area could support two banks with little trouble. We hold the Board’s finding of public need and advantage is supported by the evidence.

[550]*550Lakeshore argues the Board erred in finding that no legal conflict existed to prevent Olen Treadway from serving as a director of Twin Lakes Bank. Treadway is a director or officer of five other Oklahoma banks, including one at Blanchard in McClain County.

It argues that the Federal Depository Institute Management Interlocks Act (12 U.S.C. § 3201 et seq.) prohibits dual service as a management official of unaffiliated institutions or holding companies in the same, or an adjacent, city, town or village. It argues the Twin Lakes Bank and the bank in Blanchard are in adjacent towns.

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Bluebook (online)
1982 OK 103, 770 P.2d 547, 1982 Okla. LEXIS 303, 1982 WL 3, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lakeshore-bank-na-v-twin-lakes-bank-okla-1982.